Font Size: a A A

On Mass Torts Relief System In China

Posted on:2013-07-20Degree:MasterType:Thesis
Country:ChinaCandidate:J J ZuoFull Text:PDF
GTID:2246330371979842Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of industrial and technological, human beings enjoy therich results of industrialization and information. At the same time, human beingshave to face a number of risks and unfortunately. In this context, mass torts appearsand become even more violent. Mass torts is a kind of infringement which based ona wrongful act or multiple violations, and damages personal interests and publicinterests. Compared to ordinary tort, mass torts has the following characteristics:firstly, the victim has a lot of people; secondly, the infringement is the sameproperties; thirdly, the causal relationship is uncertain. Although mass torts issignificantly different from the ordinary tort, it may occur in both the field ofliability without fault and fault areas of responsibility, whether the rule of law in thedomestic or foreign, mass torts is not a separate infringement types, and has notindependent or systematic rules of law. Mass torts involves a large number ofvictims; the serious consequences of the damage harms the personal interests andpublic interests. Mass torts is not only a social phenomenon; it is the legal problemswhich need to solve immediately. It is necessary to discuss the mass torts.In many foreign countries, the discuss of mass torts have achieved practicalresults, No matter from procedure law or social relief, such as class actions, liabilityinsurance system, mass torts relief compensation fund. In our country, theintroduction of class action suits becomes a controversial point of the current use oflitigation to resolve such cases. Currently, the Group Litigation is used to solve masstorts cases in the United States and other countries; it can be fully proved that theGroup Litigation is feasible. It’s a pity the existing representative system of China’sCivil Procedure Law been used in such cases rarely. In terms of social relief, theliability insurance legal only rules vehicle traffic accident liability insurance, salvageliability insurance, ship pollution liability insurance for the compulsory liabilityinsurance. The coverage of Liability insurance is very small, Assume insurancerange is very limited, and liability insurance as a relief mechanism of mass torts still have a lot of technical obstacles. In "San Lu milk “powder incident, reference to thelarge-scale infringement relief compensation fund made a useful attempt andachieved good results. But the mass torts relief lacks the legal support in our existingsystem, the effective application of the still unknown whether a similar mass tortsviolations.In view of this, believe that China should establish a wide range of mass tortsrelief mechanism in response to the frequent large-scale violations. A wide range ofmass torts relief mechanism, as a cover litigation relief, social relief of civil liabilitybear the way to effectively integrate the various relief pattern advantages ofmultivariate relief, maximize the protection of victims’ damage relief. Multivariaterelief mechanism to build large-scale infringement.1.We need to: improve therepresentative action of the Civil Procedure Law, to expand the scope of the systemof representative litigation, modify the rights of victims of a registration system, thelimited expansion to give the court judgment. simple litigation costs. Meanwhile, inthe mass torts litigation, the implementation of the inversion of the burden of proof,reduce or remove the victim’s burden of proof, the better protection damaged theinterests of the relief to the victims;2.We need to improve the liability insurancesystem, and clearly defined mass tort liability insurance coverage range due tointentionally caused property damage. Increase high-risk industry, the scope of thecompulsory liability insurance, in some large-scale infringement high fat areas of theestablishment of specialized underwriting agencies to deal with such a large outbreakin the field of large-scale infringement;3. We need to build large-scale tort relieffund system, and improve the mass tort relief Fund legislation, standardize theoperation and management of the Fund, a new alternative path for the relief of thevictims of mass torts. It should be noted that the large-scale infringement ofmultivariate relief mechanism is not a simple sum of a variety of relief to mode, butthe close contact within the organic whole. Multivariate relief mechanism to buildlarge-scale infringement must be a clear civil litigation, liability insurance and relieffunds for the relationship, to give full play to a multivariate relief mechanism.
Keywords/Search Tags:Mass Torts, Damage, Multivariate Relief Mechanism
PDF Full Text Request
Related items